COMMISSIONER OF C. EX. Vs. HERBAL HOUSE

JUDGEMENT

(1.) BEFORE dealing with the applications, it is noticed that by Final Order No. 438 -439/09 -Ex., dated 15 -5 -2009,, 2009 (242) E.L.T. 536 (T), the adjudicating authority i.e. Deputy Commissioner of Jabalpur was directed to decide the adjudication afresh within a period of four months from the date of receipt of order and preferably prior to 31 -12 -2009. It is stated on behalf of the appellants and confirmed by the learned DR that the matter had not been disposed of and not even hearing has commenced. Records nowhere disclose any extension having been sought for disposal by the matter beyond 31 -12 -09. It appears that the Department is not bothered about the directions issued by the Tribunal particularly regarding disposal of the matters within specified time. It is, therefore, necessary to issue a notice to the concerned officer requiring to explain as to why contempt proceedings should not be initiated for not complying with the order issued by the Tribunal. Issue notice in that regard to the Deputy Commissioner, Jabalpur returnable on 3 -5 -2010. Meanwhile the proceedings in terms of letter dated 17 -11 -09 stated to have been issued to the appellant are stayed.